SMT LAKSHMAMMA vs THE DEPUTY COMMISSIONER

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 31018 OF 2025 (SC-ST)
BETWEEN:
1. SMT. LAKSHMAMMA
W/O LATE DYAVAPPA,
AGED ABOUT 80 YEARS,
2. SMT. MUNIRATHNAMMA
W/O LATE APPAIAH REDDY,
AGED ABOUT 60 YEARS,
3. SMT. ANITHA
W/O LATE RAJENDRA BABU,
AGED ABOUT 40 YEARS,
4. SRI. NAGESH
S/O LATE DYAVAPPA,
AGED ABOUT 53 YEARS,
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
5. SRI. RAMESH
S/O LATE DYAVAPPA,
AGED ABOUT 50 YEARS,
6. SMT. SUVARNAMMA
W/O LATE MUNEGOWDA,
AGED ABOUT 40 YEARS,
7. MOUNIKA
D/O LATE MUNEGOWDA,
AGED ABOUT 23 YEARS,

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
8. BHANUSHREE
D/O LATE MUNEGOWDA,
AGED ABOUT 21 YEARS,
MUNIVENKATAMMA
W/O LATE NARAYANAPPA
SINCE DEAD BY HER LRS
9.
SRI. K.N. NARAYANASWAMY
S/O LATE NARAYANAPPA,
AGED ABOUT 60 YEARS,
10. SRI. K.N. LAKSHMANA REDDY
S/O LATE NARAYANAPPA,
AGED ABOUT 55 YEARS,
11. SRI. K.N. APPAIAH REDDY @ APPAIANNA
S/O LATE NARAYANAPPA,
AGED ABOUT 53 YEARS,
12. SRI. N. MANJUNATH
S/O LATE NARAYANAPPA,
AGED ABOUT 50 YEARS,
PETITIONERS NO.1 TO 12 ARE
R/AT KADAHALLI VILLAGE,
VEMGAL HOBLI, KOLAR TALUK,
KOLAR - 563 128.
13. SMT. RAJAMMA
D/O LATE NARAYANAPPA,
AGED ABOUT 65 YEARS,
14. SMT. NEELAMMA
D/O LATE NARAYANAPPA,
AGED ABOUT 60 YEARS,
PETITIONER NO.13 AND 14 ARE
R/AT THIMMANAHALLI VILLAGE,

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
VIJAYAPURA HOBLI,
DEVANAHALLI TALUK,
BENGALURU - 562 110.
…PETITIONERS
(BY SRI. M.S.VARADARAJAN, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
KOLAR DISTRICT,
KOLAR - 563 101.
2. THE ASSISTANT COMMISSIONER
KOLAR SUB-DIVISION,
KOLAR - 563 101.
3. SRI. MUNIYAPPA
S/O LATE NARAYANAPPA,
AGED ABOUT 65 YEARS,
R/AT RAMPURA VILLAGE,
VEMGAL HOBLI, KOLAR TALUK,
KOLAR - 563 130.
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2;
SRI. T.S.VENKATESH, ADVOCATE FOR C/R3 - ABSENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
ORAL ORDER
Sri.M.S.Varadarajan, counsel for the petitioners and
Smt.Savithramma, Additional Government Advocate for
respondent Nos.1 and 2 appeared in person.
There is no representation on behalf of caveator/
respondent No.3.
In PTCL writ petitions, the orders passed by the
Assistant Commissioner and the Deputy Commissioner are
ordinarily called into question. This Court has frequently
noticed discrepancies in the names of the original grantees
and the dates of grant and alienation recorded in the
impugned orders. Hence, for the sake of convenience, this
Court refers to the parties as the “original grantee” and
the relevant years of grant and alienation, instead of
reproducing the names and dates.
2. The petition is filed seeking a writ of certiorari
to quash the orders passed by the Assistant Commissioner
and the Deputy Commissioner. These orders are

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
challenged in this writ petition on several grounds as set
out in the memorandum of the writ petition.
3. Counsel for the respective parties advanced
several contentions.
Additional Government Advocate submits that
appropriate orders may be passed.
4. The Court heard the arguments and carefully
perused the papers.
5. This issue is limited to resumption proceedings.
The land in question was granted to the original grantee in
1923-24. It was alienated in 1928. However, resumption
proceedings were initiated after 87 years in 2015 after
alienation and after coming into force of the Act, 37 years.
The Assistant Commissioner allowed the claim and
the Deputy Commissioner confirmed the order. However,
both the Assistant and Deputy Commissioners overlooked
the laches of 87 years from the date of alienation and 37

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
years from the date of coming into force of the Act. They
failed to consider the issue of laches or the petitioners'
claim that the proceedings were commenced after an
unreasonable delay.
The authorities should have evaluated whether to
proceed after nearly 87 years from the date of alienation
and 37 years from the date of coming into force of the Act,
especially since the rights in the land were settled by the
sale deed in 1928. The oversight in considering the delay
and laches led to orders for land resumption being issued
without adequately addressing a crucial and relevant
issue.
The Division Bench clarified that laches should be
regarded as the primary requirement when resuming
lands. It also held that if restoration action is filed after a
significant delay, it could be barred by laches.
6. In the facts and circumstances of the case, this
Court is of the considered view that the orders passed by

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
the Assistant Commissioner and confirmed by the Deputy
Commissioner, directing resumption of the subject land,
cannot be legally sustained. Accordingly, the impugned
orders are liable to be set aside.
7. For the foregoing reasons, the orders of the
Assistant Commissioner and the Deputy Commissioner are
liable to be set aside.
8. The writ of certiorari is ordered. The order
dated 05.06.2025 passed by the Assistant Commissioner
vide Annexure-B, and the order dated 23.09.2025 passed
by the Deputy Commissioner vide Annexure-A are
quashed. As this Court has quashed the orders, the
authority concerned is hereby directed to restore the
petitioners' name in the subject land in the revenue
records.
allowed
9. Resultantly, the writ petition is .

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HC-KAR
NC: 2026:KHC:58936
WP No. 31018 of 2025
CNR: KAHC010661202025
On disposal of the Writ Petition, any interim order
stands discharged, and any pending interlocutory
applications, if any, are disposed of.
SD/-
(JYOTI M)
JUDGE
SS
List No.: 1 Sl No.: 16